| Issues | Draft Lokpal Bill, 2011 (government representatives) | Draft Jan Lokpal Bill, 2011 (nominees of Anna Hazare) |
|---|---|---|
| Composition | Chairperson and 10 members (at least 4 judicial members) | Chairperson and 10 members (at least 4 members with legal background). The Chairperson to have extensive knowledge of law. |
| Tenure | Five years or till he is 70 years | Five years or till he is 70 years |
| Manner of appointment | Presidential appointment on the recommendation of the selection committee. | Presidential appointment on the recommendation of the selection committee. |
| Committee membership | Prime Minister, Speaker, Leader of the House of which PM is not member, Minister of Home Affairs, Leader of the Opposition in both Houses, judge of Supreme Court, Chief Justice of a High Court, President of National Academy of Science, Cabinet Secretary (secretary of committee). | Prime Minister, Leader of the Opposition in the Lok Sabha, 2 judges of the Supreme Court, 2 chief justices of a high court, the Chief Election Commission, the CAG, and all previous chairpersons of the Lokpal. The members shall be selected from a list prepared by the Search Committee (10 members including civil society representatives). |
| Qualification | Impeccable integrity with at least 25 years of experience in public affairs, academics, commerce, finance etc. Once appointed, cannot be an MP, MLA or be connected with a political party, business or practice a profession. A judicial member has to be either a Chief Justice of the High Court or a judge of the Supreme Court. | A judicial member should have held judicial office for at least 10 years or been an advocate of the High Court or Supreme Court for at least 15 years. All members should be of impeccable integrity with record of public service especially in the field of corruption. Must be a citizen of India at least 45 years old. Must have no case involving moral turpitude framed against him by a court. Cannot have been a government servant within the last 2 years. |
| Removal | Complaint against members are made to the President who may refer it to the Supreme Court who will conduct an inquiry. The President may remove the member, on the opinion of the Chief Justice, on grounds of bias, corruption, insolvency, paid employment or infirmity. | The President removes members on the recommendation of the Supreme Court made within 3 months of a complaint. Grounds for removal: misbehavior, infirmity, insolvency, paid employment outside the office. An Independent Complaints Authority at the state level inquires into complaints against Lokpal staff. |
| Jurisdiction | All corruption cases under the Prevention of Corruption Act, 1988. It covers MPs, Ministers, ‘Group A’ officers, ‘Group A’ officers in a company or body owned by the government, any officer of a government-financed society or trust or funded by Foreign Contribution (Regulation) Act, 1976 or that gets funds from the public. Excludes PM, judiciary and any action of an MP in the Parliament or Committee. | Offences by a public servant, including government employees, judges, MPs, Ministers, and the Prime Minister under the Indian Penal Code and the 1988 Corruption Act. Any offence committed by an MP in respect of a speech or vote in the House; willfully giving or taking benefit from a person. Victimizing a whistleblower or witness. |
| Investigation | Lokpal must conduct a preliminary inquiry within 30 days. If there is no prima facie case, the matter is closed. Given a prima facie case, Lokpal investigates after providing a suitable forum to the accused. The investigation must be completed within six months with an optional six month extension after giving reasons in writing. No sanction shall be required by the Lokpal to investigate any complaint against a public servant. | When investigating corruption cases, the CBI works under the Lokpal. Investigation of the Prime Minister, Ministers, MPs and judges of the Supreme Court or High Courts require the permission of a 7-member bench of the Lokpal. Investigations can last 6 to 18 months. Investigation of whistleblower complaints who are in danger of victimization, must be completed within 3 months. |
| Prosecution | The Lokpal may constitute a prosecution wing headed by a director who files cases in the Special Court (to be constituted by the central government on recommendation of the Lokpal). Trials must complete within one year, which may be extended to two years for reasons given in writing. No sanction is required to file a case against a public servant. The Lokpal files cases in the Special Court and sends a copy of the report to the competent authority.
Procedure for persons other than MPs and ministers: The competent authority is the Minister for officers of government bodies and the society head for officers of societies. The Lokpal recommends disciplinary proceedings to the competent authority and provides a copy of the report to the accused. The competent authority must take action within 30 days and inform the Lokpal within 6 months of initiating disciplinary proceedings.
Procedure for MPs and ministers: The competent authority is the PM for Ministers and the Lok Sabha or Rajya Sabha for MPs. The Speaker/Chairman tables the report in Parliament. The House reports to the Lokpal on any action taken within 90 days.
| The CBI’s prosecution wing moves under Lokpal. After an investigation is completed, the Lokpal may either initiate prosecution against the accused or impose penalty or both. The Lokpal can initiate prosecution in the Special Court formed under the Prevention of Corruption Act, 1988.
The Lokpal shall appoint retired judges or retired civil servants as judicial officers. A bench of judicial officers can impose a penalty on a public servant after conducting an inquiry. The decision shall be subject to approval from a higher authority to be prescribed.
Prosecution can be initiated against the Prime Minister, Ministers, MPs and judge of the Supreme Court or High Courts only with permission of a 7-member bench of the Lokpal. If the Lokpal grants permission to investigate or initiate prosecution, no sanction is required from any other authority.
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| Penalty | Any person making false and frivolous or vexatious complaints shall be penalized with 2 to 5 years of jail and fine of Rs 25,000 to Rs 2 lakh. | For any act of corruption, the penalty shall be from six months to life imprisonment. If the beneficiary for an offence is a business entity, a fine of up to five times the loss caused to the public shall be recovered. If a company director is convicted, the company shall be blacklisted from any government contract. Convicted public servants are removed from office. Persons making a false complaint, are fined up to Rs 1 lakh. False complaints against a member of the Lokpal may result in 3 months imprisonment. |
| Funding | Paid by Consolidated Fund of India. | Paid by Consolidated Fund of India. The budget of the Lokpal should not be less than 0.25 percent of total government revenue. No sanction required from government to incur expenditure. The CAG audits Lokpal and a Parliamentary Committee evaluates Lokpal operations. |
| Other powers | The Lokpal can search and seize documents, attach property for 90 days, file for confirming the attachment within 30 days, and recommend suspension of the accused. | The Lokpal can receive complaints from whistle-blowers, issue search warrants, attach property, recommend cancellation/modification of a lease or license or blacklist a company. If recommendation of Lokpal is not accepted it can approach the High Court. A bench of the Lokpal can approve interception and monitoring of messages transmitted through telephone or internet. |
Comparative Table Showing the Office/Authority/Persons come Under Lok Pal Mooted by the Anna Hazare and Government of India
